5530: Chapter 2

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5530: Chapter 2

  1. 1. Chapter 2 Introduction to Law―Laws are the very bulwarks of Liberty; theydefine every man’s rights, and defend theindividual Liberties of all men.‖ J.G. Holland (1819-1881) 2
  2. 2. LawsGovern the relationships between privateindividuals and organizations; and betweenboth of these parties and government. 3
  3. 3. Categories of Law• Public Law – Deals with the relationships between government and individuals.• Private Law – Deals with relationships among individuals. 4
  4. 4. Sources of Law• Common Law – derived from judicial decisions.• Statutory Law – written laws• Administrative Law – public law, rules & regulations issued by administrative agencies to direct the enacted laws of the federal and state governments. 5
  5. 5. The Law of EnglandLaw reflects to a large degree the civilizationof those that live under it. Its progress &development are mirrors not merely ofmaterial prosperity but of the method ofthought and of the outlook of the age. 6
  6. 6. Development of English Law• As varied as the nations who have peopled its land: – Romans – Saxons – Danes – Normans 7
  7. 7. Development of English LawSystem of National Law based on – Custom – Foreign literature – Rule of strong kings 8
  8. 8. Common Law in England• Few written laws• Law develops from court decisions• Became known as ―Common Law‖• Subsequent cases based on prior decisions 9
  9. 9. Common Law in U.S.• Body of principles that has evolved and expanded from judicial decisions.• Origins in English Common Law. 10
  10. 10. Common Law Principles• Precedent: – a judicial decision that may be used as a standard in subsequent similar cases.• Res Judicata: – means the thing is decided—refers to that which has been previously acted on or decided by the courts.• Stare Decisis: – common-law principle meaning let the decision stand. 11
  11. 11. Statutory LawWritten law emanating from a legislative body. 12
  12. 12. Hierarchical Order: Statutory Law• U.S. Constitution – Highest in the hierarchy of laws• State Constitution 13
  13. 13. Article VI of the ConstitutionThis Constitution and Law of the United States . . . Shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby . . . . 14
  14. 14. Administrative LawExtensive body of public law issued byadministrative agencies to direct the enactedlaws of the federal and state governments. 15
  15. 15. Government Organization• Legislative Branch• Executive Branch• Judicial Branch 16
  16. 16. Legislative Branch• Enacts laws• Amends or repeals existing legislation• Creates new legislation 17
  17. 17. Executive Branch• Administers and enforces the law• Cabinet – 15 Executive departments on federal level (e.g., Dept. of Health & Human Services) 18
  18. 18. Judicial Branch. . . when government bureaus andagencies, which are adjuncts of the legislativeor executive branches, go awry, the people fleeto the third branch, their courts, for solace andjustice. 19
  19. 19. Federal Court System• U.S. District Court• U.S. Court of Appeals• U.S. Supreme Court 20
  20. 20. U.S. District Court• Trial court of Federal System• 89 district courts in 50 states• 1 in District of Columbia• 1 in Puerto Rico• civil, criminal, admiralty & bankruptcy cases 21
  21. 21. U.S. Court of Appeals• Created to help U.S. Supreme Court• Reviews – district court decisions – administrative agency decisions 22
  22. 22. U.S. Supreme Court• Highest federal court• Only court created by federal constitution• Comprised of 8 Associate & 1 Chief Justice 23
  23. 23. Separation of Powers Model for GovernmentUnder this model the state is divided intobranches, and each branch of the state hasseparate and independent powers and areas ofresponsibility; however, each branch is alsoable to place limited restraints on the powerexerted by the other branches. 24
  24. 24. Branches & Powers of Government Legislative Executive JudicialWrite laws Veto Laws Declare laws unconstitutionalEnact Laws Wage War Interpret lawsConfirm Justices Appoint Justices Apply LawsEnact Taxes & Refuse certain Compelset the budget expenditures Testimony 25
  25. 25. Dept of Health & Human Services• Administration on Aging• Centers for Medicare & Medicaid – Health Insurance Portability & Accountability Act of 1996• Public Health Service 26
  26. 26. Public Health Service– Agency for Healthcare Research and Quality– Centers for Disease Control & Prevention– Food and Drug Administration– National Institutes of Health 27
  27. 27. Questions - I1. Define the term ―law.‖ a. What are the sources of law?2. Define the legal terms: a. Precedent b. Stare decisis c. original jurisdiction d. appellate jurisdiction 28
  28. 28. Questions – II3. Describe the branches of government.4. What is the meaning of separation ofpowers?5. What is the function of an administrativeagency?6. Describe the responsibilities of the DHHS. 29

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